A new model for out-of-court settlement of disputes in the field of healthcare

There are currently no out-of-court settlement of disputes between doctors, medical institutions and patients. ICA law excludes consumers. The CP Law has introduced an Alternative Dispute Resolution Procedure, but the procedure does not apply to health services. Healthcare disputes may have both a material (related to additional treatment, medical research and devices, etc.) and/or a non-material nature (pain, suffering, inconvenience, misappropriation, etc.). A person is unsettled by a law of public relations, and disputes are only possible before the competent court. The ultimate goal of the project is to develop a model for out-of-court dispute resolution in the field of health care. The model will be developed after an analysis of the current legal framework and the case law over the last decade. In parallel, the experience and good practices of at least three countries in the European Union, similar to our organization of the health system and the organization of the judiciary will be explored. Public opinion will also be taken into account, with a survey, stakeholder representatives and target groups, and a wide public discussion. In this way, the new out-of-court dispute resolution model will be in line with the case law, build on the existing regulatory framework and develop it, introduce best practices and practices from other countries, and conform to the expectations of the public. As a result of the implementation of the project, specific proposals for legislative changes will be submitted to the Ministry of Justice describing in detail the out-of-court dispute resolution procedure, as well as motives and partial impact assessment of the proposed changes so as to facilitate the work as much as possible the political cabinet and the ministry's administration on change acceptance.

Comments